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GREEN v. WESTERN UNION TELEGRAPH COMPANY

123 So.2d 712 (1960)

Ray E. GREEN, as Comptroller of the State of Florida, Appellant, v. WESTERN UNION TELEGRAPH COMPANY, a New York corporation, Appellee.

Supreme Court of Florida.

Rehearing Denied October 26, 1960.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., Joseph C. Jacobs and Sam Spector, Asst. Attys. Gen., for appellant.

William A. O'Bryan of Ausley, Ausley & McMullen, Tallahassee, J.H. Waters, R.C. Barnett, New York City, for appellee.

THORNAL, Justice.

Appellant Green, who was defendant below, seeks reversal of a declaratory decree enjoining him as State Comptroller from collecting a portion of the gross receipts tax described in Section 203.01, Florida Statutes, F.S.A.

We must determine whether the subject tax as sought to be collected by the State Comptroller constitutes an unlawful burden on interstate commerce allegedly conducted by appellee Western Union.

The facts are not...

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